Can I get fired for reporting sexual harassment to my employer?
Under the Fair Employment and Housing Act (FEHA), employees have the right to report sexual harassment to their employer. Employers have the responsibility to respond to a sexual harassment complaint with a thorough, objective and complete investigation, and to take prompt and effective action should it be determined that sexual harassment did occur. California Government Code Section 12940(h) specifies that it is unlawful for an employer to discharge, expel or otherwise discriminate against a person who files a complaint, testified or assisted in any proceeding related to the complaint of the sexual harassment. This behavior is referred to as unlawful (or wrongful) retaliation. Retaliation includes termination, as well as other kinds of negative employment action, which might range from a poor performance review, to being reassigned to a less favorable shift to demotion to a lower ranking position.
The FEHA protects employees if they choose to file a complaint, testify or assist in a proceeding against their employer, supervisor or coworker. The FEHA also prohibits employers from retaliating against a worker for engaging in such action. Retaliation is also prohibited under federal law.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?